Our Terms of usage

1. Introduction

This Terms of Use Agreement (the “Agreement” or “Terms”) is made by and between the Picket Report LLC (“Picket Report”, the “Company”, “Us”, “We” and “Our”), and You (“You,” “Your” or “User”). This Agreement contains the terms and conditions that govern Your access to, and use of the Picket Report website located at http://www.picketreport.com and any tools hosted thereon, its content, the software, and the associated materials made available through the Picket Report Website (collectively, the “Picket Report Website”).

2. Agreement

Your use or access of the Picket Report Website in any way signifies Your constructive and actual notice and knowledge of, and Your agreement to be bound by, the most current version of the Terms as posted on the Picket Report Website and the Privacy Policy located at http://www.picketreport.com/privacy (the “Privacy Policy”). It is solely Your responsibility to ensure that Your use of any and all third party website or content is in compliance with any and all third party requirements.

Access to portions of the Picket Report Website may require that You agree to additional terms (“Special Terms”) that, together with these Terms will govern Your use of the relevant Picket Report Website portions. Any relevant Special Terms will be provided to You before You will be granted first access. Your continued access shall constitute Your continued acceptance to any applicable Special Terms.

IMPORTANT! THESE TERMS AND ANY APPLICABLE SPECIAL TERMS GOVERN YOUR USE OF THIS PICKET REPORT WEBSITE. THESE TERMS AND ANY APPLICABLE SPECIAL TERMS ARE SUBJECT TO CHANGE AT ANY TIME IN PICKET REPORT’S DISCRETION AND YOU ARE ENCOURAGED TO REVIEW THE MOST CURRENT TERMS AND ANY RELEVANT SPECIAL TERMS EACH TIME YOU VISIT THE PICKET REPORT WEBSITE. YOUR USE OF THE PICKET REPORT WEBSITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. If You do not wish to be bound by this Agreement, do not use or access the PICKET REPORT Website. You further acknowledge and agree that the THIS AGREEMENT may not be altered BY YOU except with the express written permission of AN AUTHORIZED representative of PICKET REPORT.

3. Permitted Use

You agree that: (i) Your use of the Picket Report Website is subject to and governed by these Terms of Use; (ii) You will only access or use the Picket Report Website and transact business with Us if you are at least 18 years old; (iii) You will comply with and be bound by these Terms as they appear on the Picket Report Website each time You access and use the Picket Report Website; (iv) each use of the Picket Report Website by You indicates and confirms Your assent to and agreement to be bound by these Terms; and (v) these Terms are a legally binding agreement between You and Picket Report that will be enforceable against You.

4. Restrictions of Use

You may use this Picket Report Website only for purposes expressly permitted within the Terms. You may not use this Picket Report Website for any other purpose, including any other commercial purpose, without Picket Report’s express prior written consent. For example, You may not (and may not authorize any other party to) (i) co‑brand this Picket Report Website, or (ii) frame this Picket Report Website without the express prior written consent of an authorized representative of Picket Report;

Further, You agree not to use or attempt to use the Picket Report Website for any purpose that:

• interferes with or induces a breach of the contractual relationships between Picket Report and its employees or users;
• is any way unlawful or prohibited, or that is harmful or destructive to anyone or their property;
• transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited e-mail, unsolicited commercial communications;
• transmits any harmful or disabling computer codes, malware, worms or viruses;
• interferes with Our network services or Website;
• attempts to gain unauthorized access to Our network services or Website;
• impairs or limits Our ability to operate the Picket Report Website or any other person's ability to access and use the Picket Report Website;
• uses any methods, means or devices to click on to the Picket Report Website or cause a visit to the Picket Report Website for purposes of manipulating the results of any Internet search engine, or for any other purpose other than conducting business with Us;
• unlawfully impersonates another person or otherwise misrepresents Your affiliation with any person or entity;
• harms minors in any way, including, but not limited to, uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
• uploads pornographic, violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;
• harms, threatens, harasses, abuses or intimidates another person in any way or involves images or content that depicts, promotes, encourages, indicates, advocates or tends to incite the commission of a crime or other unlawful activities;
• dilutes or depreciates the name and reputation of Picket Report or any of its affiliates;
• uploads any content or images that infringe any third party's intellectual property rights or infringes any third party's right of privacy; or
• unlawfully uploads any confidential, proprietary or trade secret information.

5. Proprietary Infomation

The content accessible from this Picket Report Website, and any other website owned, operated, licensed, or controlled by Picket Report is the proprietary information of Picket Report or the parties that provide the content to Picket Report, and Picket Report or the parties that provide the content to Picket Report retains all right, title, and interest therein. Accordingly, such content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of an authorized representative of Picket Report. In any event, You may not remove or alter, or cause to be removed or altered, any copyright, trademark, patent, confidentiality, or any other proprietary notice or legend appearing on any of the content. Modification or use of this content except as expressly provided in these Terms violates Picket Report’s intellectual property rights and/or the intellectual property rights of Picket Report’s content provider(s). No intellectual property rights are transferred to You by access to this Picket Report Website. This means that, without limitation, that You may not, among other prohibited uses, use any hosted content, domain names, e-mail addresses, data, trademarks, service marks, trade names, or works subject to copyright protection from, on or derived from the Picket Report Website: (a) in or as any metatag or hidden text; (b) in or as part of any contextual marketing directory, index, or triggering term; (c) as content or advertising related to any other website including, but not limited to, aggregating websites, or comparative/informational websites; and/or (d) as a variable or data element in any algorithm that causes another Internet browser to appear on, over, or at the same time as the Picket Report Website or controls the content of any other Internet browser window.

6. Third Party Content

The Picket Report Website and content available through the Picket Report Website may contain links to other websites, which are independent of Picket Report. Picket Report makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such website. Your linking to any other website is at Your own risk.

From time to time, Picket Report may display or otherwise make available promotions, advertisements and/or offers provided by third parties ("Third Party Promotions"). You understand and agree to hold Picket Report harmless and agree that Picket Report shall have no liability whatsoever for such Third Party Promotions. If You participate in, click on, or otherwise link to such Third Party Promotions You do so solely at Your own risk. Your sole remedy in connection with such Third Party Promotions will be with the third party.

7. Submissions and Testimonials

You acknowledge and agree that all submissions to Picket Report containing any content, remarks, graphics, comments, improvements, suggestions, ideas and other information (together, a “Submission”) will become and remain Our exclusive property, including any future rights associated with such Submissions, even if the provisions of these Terms are later modified or terminated. This means that You forever disclaim any proprietary rights in such Submissions, and You hereby grant to Picket Report the royalty-free, perpetual, irrevocable, worldwide, non‑exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all Submissions, and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Picket Report will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Picket Report operations.

You acknowledge and agree that all testimonials submitted to Us will become and remain our exclusive property, even if the provisions of these Terms are later modified or terminated. This means that You irrevocably grant to Picket Report the unrestricted right (now and in the future, without notice, compensation or other obligation to You or any other person) to use Your statement, image, signature and/or likeness, as furnished by you in any Submission, as they may be used, in any medium, in connection with an advertisement or for any other publicity purpose. You further agree that Picket Report may use any percentage of Your testimonial, image, likeness and/or works, in any way that it sees fit, and may exclude Your name or use a fictional name therewith.

8. We Disclaim All Obligations to You

A. You understand that Picket Report cannot and does not represent or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and safeguards to satisfy Your particular requirements for the security and integrity of your hardware, software, firmware and related equipment and files, and for maintaining a means external to this Picket Report Website for the reconstruction of any lost data. Picket Report does not assume any responsibility or risk for Your use of the Internet.

B. No content is necessarily complete and up-to-date and, accordingly, should not be used to replace any written reports, statements, or notices provided by Picket Report. Investors, borrowers, and other persons should use the content in the same manner as any other educational medium and should not rely on the content to the exclusion of their own professional judgment. Information obtained by using this Picket Report Website is not exhaustive and does not cover all issues, topics, or facts that may be relevant to Your goals.

C. You understand and acknowledge that Picket Report controls and operates the Picket Report Website from within the United States of America. The Picket Report Website provides information regarding services and products that are made available in the United States only. We make no representation that the services or products about which information may be provided on the Picket Report Website will be available (a) anywhere outside of the United States or (b) in every state within the United States. You acknowledge and agree that You are responsible for compliance with all federal, state and local laws applicable to Your access to and use of the Picket Report Website.

9. Accounts

A. Certain areas or features of the Picket Report Website may be restricted to users who have obtained a user identification and password by completing a registration process described on the Picket Report Website (“Your Account”)

B. To create Your Account, You must qualify and agree to the terms and conditions set forth below. Failure to qualify and continuously abide by any of the following terms and conditions constitutes a breach of this Agreement. Specifically, You agree and warrant that:

1. You are of the age of legal consent for accessing the Picket Report Website under the laws of any jurisdictions that apply to You. We expressly reserve the right (but do not have the obligation) to request proof of age, at any time;
2. All information that You provide in Your registration form for the purposes of establishing Your Account is true and correct and You will promptly notify us of any changes to such information;
3. You acknowledge that in establishing Your Account You have provided us with certain personal information about You. While we normally keep this information confidential, You agree that it may be necessary, from time to time, for Us to disclose certain personal information to third parties and You consent to all such disclosures. Please see our Privacy Policy for further information;
4. Your Account is for Your sole use only and must not be used by any third party. You shall not allow any third party to use Your Account, password, Log-In or User ID to access or use the Picket Report Website to arrange, enter, and/or participate in services, or for any other purposes. We take no responsibility for any third party access to Your Account;
5. You have verified and determined that Your use of the Picket Report Website Services does not violate any law or regulation in any jurisdiction that applies to You. It is Your sole responsibility to ensure that this is the case;
6. Your use of the Picket Report Website and Your Account is for Your personal use only and it will not be used by You for commercial purposes or in the course of conducting any trade or business unless prior written consent is received from the Picket Report;
7. You possess the legal authority to enter into this Agreement including the authority to accept all of these Terms;
8. You shall not infringe upon or violate Picket Report’s or any third party's personal, contractual or proprietary rights, including, without limitation, patents, confidentiality, trademarks, copyrights, rights of privacy or publicity or trade secrets;
9. You will not use the Picket Report Website or Services for fraudulent or otherwise illegal purposes; should You learn that any User is using the Picket Report Website for fraudulent or otherwise illegal purposes, You will immediately notify Us in writing;
10. You understand that We may monitor Your Internet access location, without creating an obligation to do so, and may use techniques which are intended to block or restrict access from a jurisdiction in which participation in the Picket Report Website may be illegal or restricted; and
11. You will not mask Your identify in any way, including without limitation, IP masking by accessing the Picket Report Website over any type of Proxy Server, through IP masking software or the like.

C. Your Account

1. You may only have one (1) account. You are prohibited from holding more than one account. Your single account must be registered under Your current full legal name, Your email address and Your current permanent residential address. Should You attempt to create more than one (1) account under Your current legal name or any other name or create an Account using a name other than Your current legal name, we will be entitled to immediately terminate Your Account under this Agreement.
2. You must choose a user name (" Log-In") and password during Account registration. You are solely responsible for all actions taken using Your Log-In and password. You must make every effort to keep Your Log-In and password safe and should not disclose it to anyone. You shall not permit, either directly or indirectly, any other person to use Your Log-In or password. We are not responsible for any losses or problems You suffer as a result of Your disclosure of Your Log-In or password information to anyone else.
3. To access all or some of the services, You must have previously established a valid Account as provided herein. Further, You must meet all the conditions described throughout these Terms. You agree and understand that We collect data relating to Your Log-In, Your use of the Services, and Your other Account activity and that some of this information may be made public as provided by Our Privacy Policy, see http://www.picketreport.com/privacy.
4. Picket Report reserves the right (but does not undertake the obligation) to conduct a review, at any time, to validate Your Account information, collected under this Agreement to ensure that Your participation in the Picket Report Website does not breach this Agreement and/or any applicable law. You authorize Us and our agents to make any inquiries of You and for us to use and disclose to any third party we consider necessary to validate this information. To facilitate the foregoing validation, You agree to provide sufficient information or documentation as Picket Report, in its discretion, may request. If You do not provide such information within ten (10) days of our request, Your responses are incomplete or otherwise insufficient, or if Picket Report cannot verify the information applicable to Your Account submitted pursuant to this Agreement, Your Account may be terminated as set forth hereunder.

D. Term and Termination

You may terminate Your Account at any time by giving us thirty (30) days prior written notice to the e-mail address: support@picketreport.com.

We expressly reserve the right to terminate Your Account (including Your Log-In, User ID, and password) for any reason, including without limitation, latency or a violation of any terms or conditions of this Agreement, or if You have breached any of the Terms, or Your use of the Services have been in any way improper or breach the spirit of this Agreement.

10. Purchases

A. Generally.

If You wish to purchase any products or services through the Picket Report Website, We will ask that You supply billing and/or shipping information applicable to Your desired purchase. All information that You provide to us or our third party payment processor must be lawful, accurate, current and complete. You agree to pay all charges and applicable taxes that You incur at the prices in effect when You place Your order. Verification of Your billing or shipping information may be required prior to our acceptance of Your order.

Descriptions, images, specifications, pricing and availability of any products or services are subject to change without notice. We reserve the right, with or without prior notice, to limit the available quantity of or to discontinue any product or service. We also reserve the right to impose conditions on any coupon or promotional code and to refuse any order in Our sole discretion.

We reserve the right to ship partial orders or restrict the services (at no additional cost to You), and the portion of any order that is partially shipped or provided may be charged at the time of delivery from Us.

B. Returns and Product Warranty.

Damaged or defective Merchandise at time of delivery

Unless otherwise stated, all “Merchandise” which includes software, programs, access, or information purchased through the Picket Report Website will be delivered to You. You are required to inspect and accept Your product or Merchandise at the time of delivery to identify any damage or defects in such Merchandise or service provided. If the Merchandise arrives damaged or is otherwise defective, You are required to reject delivery; otherwise, Your acceptance of a delivery will constitute Your express assent that the Merchandise or service was delivered without damage or defect and was provided to You in full working condition and meets Your satisfaction. In Our discretion, We will ensure that the damaged or defective Merchandise or service (at the time of delivery) is either (i) replaced or (i) We will provide a Picket Report credit to You for the full amount that You paid to Us for such damaged or defective Merchandise.

Returns at time of delivery or within ten (10) days of purchase.

If (i) You reject delivery of Merchandise that is not damaged or defective as set forth above and it was purchased by You through the Picket Report Website; or (ii) You desire to return Merchandise that You purchased through the Picket Report Website within ten (10) days of Your purchase.

Manufacturer’s Warranty Claims

Merchandise purchased through the Picket Report Website may include a manufacturer or developer’s warranty. You must contact such manufacturer or developer directly as set forth in such warranty and Picket Report disclaims any implied obligation to honor or process any such warranty.

11. We Make No Warranty

YOUR USE OF THIS PICKET REPORT WEBSITE AND ALL SERVICES IS AT YOUR OWN RISK. Content is provided “AS-IS” and without warranties of any kind, either expressed or implied. Picket Report disclaims any and all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Picket Report does not warrant that the functions or content contained in this Picket Report Website will be uninterrupted or error-free, that defects will be corrected, or that this Picket Report Website or the server that makes it available are free of viruses or other harmful components. Picket Report does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and Picket Report may make changes or improvements at any time. You, and not PICKET REPORT, assume the entire cost of all necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE PICKET REPORT WEBSITE OR ITS CONTENT. PICKET REPORT MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. If You are a California resident, You waive California Civil Code Section 1542, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

12. Limitation on Liability

PICKET REPORT, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF PICKET REPORT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF PICKET REPORT AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO PICKET REPORT FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

13. Digital Millennium Copyright Act and Intellectual Property Policy

A. Picket Report understands the value and importance of intellectual property rights and makes every effort to observe and respect the valid intellectual property rights of others. Picket Report does not review all of the material posted on or submitted through the Picket Report Website and has no responsibility for any content that You may find or access when using Picket Report products or services, or the product or services provided on the Picket Report Website. Picket Report takes all concerns related to intellectual property seriously and it is Picket Report’s policy, at its discretion and in appropriate circumstances, to cancel, disable or terminate any user’s account if such user infringes or appears to infringe the intellectual property rights of others.

B. Notice of Copyright Infringement. Picket Report is committed to protecting copyrights and expects You to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If You believe in good faith that any material used or displayed on the Picket Report Website infringes Your copyright, You (or Your agent) may send us a notice requesting that the material be removed, or access to it blocked. If You believe that any material on the Picket Report Website infringes a copyright, or any valid intellectual property right, please provide the following information to Picket Report’s DMCA Agent.

1. A physical or electronic signature that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Picket Report Website are intended to be covered by a single notification, a complete list of such works on the Picket Report Website and details or descriptions as to their locations within the Picket Report Website;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please provide this information to Picket Report’s DMCA Agent, who can be reached as follows:

By Mail: DMCA Agent RE: http://www.picketreport.com

The Picket Report LLC

Attn: Bryan Kunka,

1050 Woodward Avenue

Detroit, MI 48226

313-444-3243

bryan@picketreport.com

Due to IT concerns, attachments may not be accepted on notices sent via e-mail. Accordingly, any notification of infringement submitted electronically with an attachment may not be received or processed.

Counterstatement. If You believe in good faith that a notice of copyright infringement has been wrongly filed against You, the DMCA permits You to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov/) for details. DMCA notices and counter-notices should be sent to Picket Report’s DMCA agent above.

14. Indemnity

You agree to indemnify and hold Picket Report, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms by You, including any use of content other than as expressly authorized in these Terms. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and You agree to pay any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Your use of the information, content and services accessed from this Picket Report Website.

15. Security

You are prohibited from using any services or facilities provided in connection with this Picket Report Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If You are involved in any violation of system security, Picket Report reserves the right to release Your details to system administrators at other websites in order to assist them in resolving security incidents. Picket Report reserves the right to investigate suspected violations of these Terms.

Further, Picket Report reserves the right to report to and fully cooperate with any law enforcement authorities or court order requesting or directing Picket Report to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND AGREE TO HOLD PICKET REPORT HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PICKET REPORT DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER PICKET REPORT OR LAW ENFORCEMENT AUTHORITIES.

16. Miscellaneous

A. Picket Report generally begins processing Your order shortly after submission. If You submit an order, You agree to cooperate as needed and notify Picket Report of any changes in any information submitted in connection with Your order.

B. Picket Report will make commercially reasonable efforts to avoid delays and ship or process Your order promptly, however, Picket Report is not responsible for delays outside of its control (e.g. credit card processing delays, shipping delays, acts of God, labor disputes, acts of government, natural disasters, or other matters beyond Picket Report’s reasonable control.)

C. These Terms will be governed and interpreted pursuant to the laws of Michigan, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Michigan in connection with any dispute between You and Us that arises out of these Terms or pertains to the subject matter hereof. The parties to these Terms each agree that the exclusive venue for any dispute between the parties arising out of these Terms or pertaining to the subject matter of these Terms will be in the state and federal courts in Detroit, Michigan. If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this Picket Report Website will govern the items to which they pertain. Picket Report may revise these Terms at any time by updating this posting.